KRISHNA KANT CHOUBEY Vs. INFRASTRUCTURE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present writ application was filed against the order of respondent No 2. the Managing Director of the Infrastructure Development Authority (IDA) as communicated to the petitioner under Memo No 101 dated 20.7.2009 by which the petitioner's contractual appointment as Director (Administration) with the IDA was prematurely terminated. The concerned respondent having entered appearance and having filed a counter affidavit, rejoinder thereto having been filed, with consent of parties, the writ petition was heard for final disposal at that stage itself. The said impugned order is combined in Annexure-5 to the writ petition.

(2.) There appears to be no dispute so far as material facts are concerned. In order to provide for the rapid development of physical and social infrastructure in the State and to attract private sector participation in the infrastructure projects in the State; State Government made a comprehensive legislation known as the Bihar Infrastructure Development Enabling Act, 2006. Under the Act, Section 3 authorises the State Government to constitute the IDA. The IDA was to be a body corporate. Section 4 provides for composition of The IDA. Chief Secretary to the Government was to be Chairperson of the IDA and the Development Commissioner of Bihar, its Vice Chairman. The IDA is to consist of the Chairperson and such other members including ex-officio members not exceeding 15 in number. There is to be a Managing Director of the IDA appointed by the Government and in addition thereto, there are other members who are to be appointed in the IDA. namely, Director (Finance) Director (Project Implementation) and Director (Administration). These appointments are to be made as per procedure laid down. By notification dated 27.4.2006, in terms of Section 3 of the Act, the State Government constituted the IDA consisting of 12 members presided by the Chief Secretary as the Chairperson. This included, inter alia, the Director (Administration). This notification is Annexure-F to the counter affidavit of IDA itself. Thus seen, the IDA is the Apex Body of this corporate entity consisting of the Chief Secretary, the Development Commissioner, the Managing Director and the three Directors aforesaid apart from other members for carrying out the functions entrusted to it under Section 10 of the Act. This includes, by virtue of Section 10 (xxix) power to make regulations, to regulate its own procedure and Section 11 provides for the powers of the IDA. Section 5 lays out the terms of the office and the members of the IDA and is quoted hereunder :

(3.) Section 66 authorises the IDA. with approval of the Government by notification in the official gazette, to make regulations for the proper performance of its functions under the Act. Section 67 authorises the State Government to make Rules for carrying out all or any of the purposes of the Act.